View Single Post
 
Old 03-26-2011, 04:31 PM
yaktamer yaktamer is offline
Member
 
Join Date: Sep 2009
Location: ARIZONA
Posts: 3,535
Likes: 3,525
Liked 6,267 Times in 1,971 Posts
Default

Quote:
Originally Posted by nogods View Post
Again, you need to read the Peter Zenger case and its importance in our history of jurisprudence. Jury Nullification is a well recognized tradition in our system.

You are misguided about a jury's ability to convict.

Many judges will allow a jury to address a criminal charge even though the judge believes the government has failed to prove its case. There are many reasons for doing so, but if the jury comes back with a conviction contrary to a judge's opinion of the proper decision, the judge can and will enter a directed verdict (or in some jurisdictions, a verdict not withstanding the jury's verdict.)

A judge can do that in the case of a conviction by a jury for what he or she believes is an improper conviction. A judge can do that because a jury can only convict in accordance with law.

But a judge cannot enter a directed verdict for conviction over a jury's acquittal. That is the essence of the Zenger case tradition of jury nullification, and it is sanctioned in our system because a jury can acquit for "any reason or no reason" despite what the judge might think.

I understand and respect that you don't think it should be that way. But that is a different issue the one about the way things are.
I know all of this, but the judge's authority to grant a directed verdict of acquittal is limited to cases in which the evidence is insufficient to support a conviction for the offense charged. In essence, the judge sits as a "13th" juror. The judge is NOT authorized to enter a directed verdict of acquittal based upon personal disagreement with the law (which is the essence of nullification). This IS "the way things are." As far as the Zenger case goes, while it is historically interesting, it predates the adoption of the Consitution by decades, and is effectively of no precedential value.
Reply With Quote